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1976-07A G R E E MEN T THIS AGREEMENT, by and between the CITY OF CLERMONT, a municipal corporation under the laws of the State of Florida, hereinafter referred to as "City", and JESS THOMAS CHAPTER 115, DISABLED AMERICAN VETERAJ.'JS, DEPARTMENT OF FLORIDA, INC., a non-profit corporation under National Charter, and under the laws of the State of Florida, hereinafter this /:l..~ day of !fJel;lUt./ referred to as "DAV", dated , 1976. WHEREAS, the DAV is in need of a building in which to meet and to conduct the business of their organization from time to time, and WHEREAS, the City is owner in fee simple of that certain property known as the "Highlander Hut", hereinafter referred to as the "Building", which is used on occasion for community activities, including Girl Scout and Boy Scout groups, and WHEREAS, the City Council of the City of Clermont has given approval to proposed use and control, as herein defined, of the building by the DAV with continued use by Scout groups; NOW, THEREFORE, the parties hereto agree as follows: 1. The City grants to the DAV the use and control of the "Highlander Hut", subject to the rules and conditions set forth herein and in Appendix "A", "B" and the Rental Fee Schedule. 2. The DAV agrees to accept responsibility for implementing the rules and regulations for the use of the "Highlander Hut" as described in Appendix "A", "B" and the Rental Fee Schedule. 3. The DAV agrees to maintain the premises in good condition and assumes responsibility for routine maintenance of the building interior, and such exterior maintenance as can be accomplished within the limited means of the DAV. The City agrees to maintain the grounds of the building, including grass cutting and garbage disposal, window and air conditioning repairs. - 1 - 4. The City agrees to maintain a liability insurance policy in an amount determined by the City, specifically protecting the DAV and City from damages to persons other than DAV members using the premises. 5. The City agrees to pay utility charges for the building. 6. In consideration of the agreements herein, the DAV will pay no charges or assessments to the City for use of the building for so long as the agreements and provisions herein are complied with including rules governing the use of the building attached hereto as Appendix "A". 7. This Agreement will be reviewed annually by the City and DAV Commander in June of each year for the purpose of re-affirmation or modification. 8. Either party may terminate this Agreement by written notice, effective on receipt. CITY OF CLERMONT ATTEST: DO RES W. CAR OLL - CITY RK By: DISABLE ATTEST: D. ARNOLD \1HEELER - ADJUTANT By R - COMMANDER - 2 - APPENDIX "A" RULES GOVERNING THE USE OF THE CLERMONT HIGHLANDER HUT 1. Advance reservations for the use of the building are required and must be made with the DAV. 2. No organization or individual, other than the proper City and DAV authorities, will be furnished a key, with the exception of the leaders of Scout units using the premises for their meetings. The DAV custodian or other designated DAV representative will open the building at the pre-arranged time for reservations. 3. Reservations will specify a starting time and expected ending time so that fees may be quoted. The actual fee will be computed on the time the building is vacated. Persons reserving the building have the responsibility to leave it in as good order as they found it, or they will be assessed a "clean up" fee at the discretion of the DAV custodian. The reserving party must agree in advance to such assessment before the building may be used. 4. The kitchen area must be thoroughly cleaned after use. All garbage must be removed from the building and placed in the garbage can outside the building. All unused food must be removed from the refrigerator, and from any other part of the building. 5. No organization or individual (excepting Scout organizations) may store or leave supplies, materials, equipment or other items in any part of the building without written permission of the DAV Commander, who shall require such organization or individual to first sign a waiver of responsibility for such stored items to the City and the DAV. 6. A confirmed reservation may be cancelled only in case of emergency, by the reserving party. An assessment of $3.00 may be charged at the discretion of the DAV if such cancellation is made within the 24 hour period prior to the beginning of the reserved time. Any fee assessed for cancellation shall be paid to the City in the same manner as rental fees. 7. Dances require the prior expressed approval of the City Council. Applications for dances must be made to the City Council at least three weeks prior to requested date. 8. The City Council will consider requests for use of the building when permission is den~ed by the DAV. Special request should be made to the City Council at least three weeks in advance of the requested date. 9. The use of the building for formal religious services must be approved in advance by the DAV and the City Council. 10. The use of posters or other advertising of a permanent or semi- permanent nature within or around the building is prohibited without the consent of the DAV. Temporary notices may be placed on the bulletin board, at the discretion of the DAV. Signs, banners or other decorations which may damage the building are prohibited. 11. Bottled gas and any other highly flammable substances are not allowed within the building without proper supervision of competent fire-trained personnel and prior approval of the DAV and the Fire Chief. 12. Animals are not permitted in the building without prior permission from the DAV. 13. All rental fees will be billed to the user by the DAV. Such fees must be paid to the City at City Hall during regular business hours, within three days. Any person or organization owing rental fees to the City will be denied the use of the building until the fees are settled in full with the City. 14. The DAV may require advance payment of fees and possible assessments in advance, at the discretion of the DAV. 15. There will be no rental fees for Scout activities in the building. However, assessments for possible "set-ups" or "clean-up" fees may be made at the discretion of the DAV. (It is not the desire of the City or the DAV to assess "clean-up" fees to Scout organizations unless it becomes necessary.) Appendix "A" - page 2 16. The City authorizes the DAV to allow free use of the building for Veteran activities, and to any other small groups holding meetings in an effort to benefit the social or personal welfare of the citizens of Clermont. 17. Any rental of the building which causes or results in damage to the building or its contents will be billed for full cost of repairs of such damage. 18. Normal hours of operation for reservations shall be determined by the DAV. It is anticipated that regular hours of operation for use of the building shall be from 7 a.m. to 11 p.m, The building is situated close to a residential section of the City, so noise and disturbances must be avoided. 19. Under no circumstances will alcoholic beverages be allowed upon the premises of the "Highlander Hut", including the grounds. 20. All reserving parties agree to notify the Clermont Police Department when building is vacated, for security check, unless there is a member of the Jess Thomas Chapter 115, DAV present, who will certify to the security of the premises at the time vacated. A,ppendix "A" " page 3 APPENDIX "BIl CUSTODIA.:.'J 1. The custodian of the building will be selected by and under the direction of the Commander of the DAV, 2. The custodian will not be a City employee and will not be eligible for pay and benefits from the City. The custodian shall be deemed to be self-employed as regards any assessment fees paid to him for his work. 3. The custodian will handle all reservations, fee billing and assessment charges to the users of the building. He will unlock the premises for each reservation and make all assessments for "'set-up", "clean-up" and damages. 4. The custodian will be responsible to the DAV for all routine maintenance work necessary to keep the premises in good condition. For damage repairs performed by the cus'todian, he will be reimbursed by the City from the assessment collected from the party causing the damage. 5. The custodian will be paid by the City all "set...up" and "clean- up" fees which he has assessed using parties for work he performed. 6. The City custodian will mop and wax the floor of the !.lHighlander Hut" as needed. 7. The City agrees to make available to the DAV custodian, janitorial supplies, as he requires to keep the "Highlander Hut" in good condition, The DAV agrees to furnish its own toilet paper, paper towels and soap on the occasions it uses the building, and not to use City supplies. APPENDIX "C" RENTAL FEES 1. No rental fee is charged to government groups, local hospital, blood banks or Red Cross, Scout Groups, or for youth activities which are free of admission, properly chaperoned by adults and open to the public. 2. A fee of $1.00 per hour with a minimum of $2.00 fee and a maximum of $10.00 is charged for programs not included above which are educational, cultural or spiritual in nature, are of a non-political nature, and are open free of admission to the general public. 3. For all other purposes the fee is $2.00 per hour with no maximum and a $20.00 minimum fee for commercial use. 4. Set-up, take-down and clean-up fees apply in all cases, as determined by the custodian, at the rate of $2.00 per hour ($2.00 minimum). Renters are encouraged to renumerate the DAV custodian for special services as he is an independent work, not a City employee.